84.001(1m)
(1m) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.
84.001(2)
(2) "Secretary" means the secretary of transportation.
84.01
84.01
Department powers and duties. 84.01(1)
(1)
Offices. The department shall maintain its principal office at Madison and district offices at such other cities, villages and towns as the necessities of the work demand.
84.01(2)
(2) Powers and duties; general provision. The department shall have charge of all matters pertaining to the expenditure of state and federal aid for the improvement of highways, and shall do all things necessary and expedient in the exercise of such supervision.
84.01(3)
(3) District offices. Any internal reorganization of the department under
s. 15.02 shall provide for maintenance by the department of district offices throughout the state.
84.01(5)
(5) Advise local authorities. The department shall advise towns, villages, cities and counties with regard to the construction and maintenance of any highway or bridge, when requested. On the request of any town, village, city or county board, or county highway committee, any supervision or engineering work necessary in connection with highway improvements by any town, village, city or county may be performed by the department and charged at cost to such town, village, city or county.
84.01(6)
(6) Surveys and plans. The department shall make provision for and direct the surveys, plans, construction, inspection and maintenance of all highways, whenever the construction or maintenance is under its jurisdiction.
84.01(7)
(7) Experiments, meetings, conventions. The department shall conduct such investigations and experiments, hold such public meetings and attend or be represented at such meetings and conventions inside or outside of the state as may, in its judgment, tend to promote improved highways, and shall cooperate with state and national organizations in experiments and work for the advancement of improved highways.
84.01(8)
(8) Donations. The department shall receive gifts, appropriations and bequests made to it or to the state for highway purposes, pay all moneys received by it into the state treasury, and, as far as practicable, expend the same in accordance with the wishes of the donor, such expenditures to be audited and paid as other disbursements of the department are audited and paid, and shall apportion the allotments of state highway funds among the counties and municipalities as provided by law.
84.01(9)(a)(a) The department shall review the system of county trunk highways and alter the same so as to connect the system of adjoining counties into continuous and direct routes.
84.01(9)(b)
(b) To insure modern safe design in the construction of county trunk highways, the department shall establish rules providing uniform minimum design standards for the improvement of county trunk highways. "Improvement" as used in this paragraph includes construction, reconstruction and the processes incidental to building, fabricating or bettering a highway, but not maintenance.
84.01(10)
(10) Right of entry. The department or its authorized representatives may enter private lands to make surveys or inspections.
84.01(11)
(11) Reports and bulletins. The department shall issue such bulletins, pamphlets and literature as it deems necessary.
84.01(12)
(12) Acting county commissioner. The secretary of transportation shall appoint, upon the request of any county board, a county highway commissioner, who shall have all the powers and duties conferred by statutes upon county highway commissioners.
84.01(13)
(13) Engineering services. The department may engage such engineering, consulting, surveying or other specialized services as it deems advisable. Any engagement of services under this subsection is exempt from
ss. 16.70 to
16.75,
16.755 to
16.82 and
16.85 to
16.89, but
ss. 16.528,
16.752 and
16.754 apply to such engagement. Any engagement involving an expenditure of $3,000 or more shall be by formal contract approved by the governor.
84.01(14)
(14) Laboratories. The department shall maintain in connection with the performance of necessary engineering for highway work and other functions, a materials testing and research laboratory and adequate facilities for highway marking and signing.
84.01(15)
(15) Federal aid systems of highways. The department shall plan, select, lay out, add to, decrease, revise, construct, reconstruct, improve and maintain, or arrange for maintenance by subdivisions of the state or by any other means, the national system of interstate highways, federal aid highway system, system of secondary and feeder roads, federal aid grade crossings projects, federal forest highway systems and projects and other highway and related projects, all within the meaning of Title 23, USC and all acts amendatory thereof and supplementary thereto, and the federal regulations issued under such code; and receive all funds provided by any source to match or supplement such federal aid funds, and expend such funds in accordance with the requirements of acts of congress or of this state making such funds available and cooperate with federal authorities and subdivisions of the state in carrying out this subsection. This subsection shall not limit the other powers of the department relative to federal aid for highways.
84.01(16)
(16) Notice of estimated transportation aid. Annually, not later than October 1, the department shall notify each county and municipal clerk of the estimated transportation aid to the county or municipality for the following calendar year.
84.01(17)
(17) Improvements for next 6 years. In each odd-numbered year, the department shall determine, as far as possible, what improvements will be made during the following 6-year period, and shall notify the county clerks prior to February 1 of each even-numbered year, as to the improvements in their respective counties. Such notice shall also be given to the department of natural resources and to the department of agriculture, trade and consumer protection.
84.01(19)
(19) Notaries public. The department is authorized to expend from its proper appropriations a sum sufficient to pay all fees and expenses necessarily incurred in qualifying employees deemed necessary as notaries public and securing notarial seals or rubber stamps; but such notaries shall receive no fees for notarial services rendered to the state.
84.01(21)
(21) Motor vehicle weighing stations. The department, as a part of the improvement and maintenance of highways, may acquire, construct and maintain lands and facilities, including scales or weighing stations, for weighing, measuring or inspecting vehicles and loads operating on any public highway in the state. Lands necessary may be adjacent or contiguous to the highway and weighing station facilities may be constructed and maintained upon the traveled portion of the highway or any other part thereof.
84.01(23)
(23) Bridge standards. The department shall adopt standards and specifications for the design and construction of county, town, village and city bridges, arches or culverts. The standards shall be developed after consultation with the department of natural resources, and shall be directed at preventing undue impairment of public rights in navigable waters.
84.01(26)
(26) Cooperative agreements. The department may, by agreement with the appropriate authority of an adjoining state, arrange for performing, financing and sharing of cost of construction, maintenance and operation of any bridge or other transportation project over or upon interstate boundary waters and approaches thereto under joint jurisdiction of the department and a governmental agency of the adjoining state.
84.01(27)
(27) Urban mass transit systems. The department may encourage generally and provide, without limitation by enumeration, for the construction of exclusive or preferential bus lanes, highway control devices, bus passenger loading areas and terminal facilities, including shelters, fringe and corridor parking facilities to serve bus, car pool and other public mass transportation passengers and, with the approval of the local authority charged with the maintenance of the highway facility, preferential lanes for car pool vehicles. All moneys granted or allotted to this state as federal aid for the purposes specified in this subsection shall be expended by the department in accordance with the act of congress relating to such federal aid funds.
84.01(28)
(28) Transportation administrative facilities. The department may acquire, construct, develop, enlarge or improve administrative or operating facilities for its use under
s. 13.48 (10) or
84.01 (30).
84.01(29)
(29) Planting of trees. The department shall by rule establish procedures for increasing the number of hardy and aesthetically pleasing trees planted on state trunk highway rights-of-way, while maintaining highway safety.
84.01(30)
(30) Build-operate-lease or transfer agreements. The department may enter into build-operate-lease or transfer agreements with private entities for the construction of transportation projects, including any projects to be financed under
s. 84.59 for transportation administrative facilities under
s. 84.01 (28) and, for projects that are not purchased by the state upon their completion, for the maintenance and operation of such projects. A project under this subsection may be constructed on state-owned land. An agreement under this subsection may not be entered into unless the department determines that the agreement advances the public interest, and the private entity has prior experience in design, construction, site development and environmental impact analysis and, for a project that is not expected to be purchased by the state upon its completion, has the capability of maintaining and operating the facility upon completion of the project. The following provisions shall be contained in any build-operate-lease or transfer agreement under this subsection:
84.01(30)(a)
(a) A provision specifying that title is held by the private entity until title is transferred to the department pursuant to a lease with option to purchase at fair market value or purchase at fair market value of the constructed project upon its completion.
84.01(30)(b)
(b) If the agreement contains a lease that provides for payments to be made by the state from moneys that have not been appropriated at the time that the agreement is entered into, a provision containing the statement required under
s. 16.75 (3).
84.01(30)(c)
(c) A provision specifying that the project shall be constructed in accordance with requirements and specifications approved by the department of administration or, if the project is not a transportation administrative facility, approved by the department of transportation.
84.01(30)(d)
(d) A provision permitting inspection by agents of the department of transportation until title transfers as provided under
par. (a) or by agents of the department of administration during construction.
84.01(30)(e)
(e) If applicable, a provision specifying that any operation and maintenance under the agreement by the private entity shall be conducted in accordance with requirements and specifications approved by the department.
84.01(30)(f)
(f) A provision establishing a mechanism for the resolution of disputes.
84.01(30)(g)1.1. In this paragraph, "park-and-ride facility" means a facility with a parking lot and, within a reasonable walking distance, a station or transfer point where commuters access a mass transit system.
84.01(30)(g)2.
2. If the department determines that such a provision advances the public interest, a provision exempting the private entity from the restrictions under
ss. 84.25 (11) and
86.19 (1), and specifying any requirements that the department determines will practicably advance the purposes of
ss. 84.25 (11) and
86.19 (1). This subdivision applies only to park-and-ride facilities.
84.01 History
History: 1971 c. 40,
125;
1973 c. 12;
1973 c. 243 s.
82;
1975 c. 189;
1977 c. 29 ss.
918 to
924,
1654 (1), (8) (a), (f),
1656 (43);
1977 c. 190,
272;
1979 c. 221,
314;
1981 c. 346 s.
38;
1983 a. 27,
130;
1985 a. 29,
300;
1987 a. 27;
1989 a. 31,
125,
345;
1993 a. 246;
1995 a. 225,
338;
1997 a. 27,
106;
1999 a. 9.
84.011
84.011
Who to sign contracts. The secretary, or the secretary's designees, may sign and execute in the name of the department any conveyance or any contract or agreement with the federal government or its departments, subdivisions of the state, corporations, limited liability companies, associations, partnerships and individuals.
84.011 History
History: 1977 c. 29;
1993 a. 112,
490.
84.012
84.012
Setoffs. All amounts owed by this state under this chapter are subject to being set off under
s. 73.12.
84.012 History
History: 1985 a. 29.
84.013
84.013
Highway projects. 84.013(1)(a)
(a) "Major highway project" means a project, except a project providing an approach to a bridge over a river that forms a boundary of the state, which has a total cost of more than $5,000,000 and which involves any of the following:
84.013(1)(a)1.
1. Constructing a new highway 2.5 miles or more in length.
84.013(1)(a)2.
2. Reconstructing or reconditioning an existing highway by either of the following:
84.013(1)(a)2.b.
b. Adding one or more lanes 5 miles or more in length to the existing highway.
84.013(1)(a)3.
3. Improving to freeway standards 10 miles or more of an existing divided highway having 2 or more lanes in either direction.
84.013(1)(b)
(b) "Reconditioning" means work in addition to resurfacing. "Minor reconditioning" includes pavement widening and shoulder paving. "Major reconditioning" includes improvement of an isolated grade, curve, intersection or sight distance problem to improve safety. Major reconditioning projects may require additional property acquisition.
84.013(1)(c)
(c) "Reconstruction" means total rebuilding of an existing highway to improve maintainability, safety, geometrics and traffic service. It is accomplished basically on existing alignment, and major elements may include flattening of hills and grades, improvement of curves, widening of the roadbed, and elimination or shielding of roadside obstacles. Normally reconstruction will require additional property acquisition.
84.013(1)(d)
(d) "Resurfacing" means placing a new surface on an existing highway to provide a better all-weather surface and a better riding surface, and to extend or renew the pavement life. It generally involves no improvement in capacity or geometrics. Resurfacing may include some elimination or shielding of roadside obstacles, culvert replacements, signals, marking, signing and intersection improvements. Usually no additional property acquisition is required; except possible minor acquisition for drainage and intersection improvements.
84.013(3)
(3) The department may proceed with construction of the following major highway projects:
84.013(3)(a)
(a) USH 12/18 extending easterly from the intersection with Fish Hatchery Road to I 90, designated as the south Madison beltline, in Dane County.
84.013(3)(ab)
(ab) STH 11 extending approximately 7.6 miles from west of Burlington to STH 36/83 east of Burlington, designated as the Burlington bypass, in Walworth and Racine counties.
84.013(3)(ac)
(ac) USH 12 extending approximately 11.6 miles from the junction of USH 12 and I 90/94 to approximately 0.75 miles south of Ski Hi Road in Sauk County.
84.013(3)(ae)
(ae) USH 53 extending approximately 6.2 miles between I 90 and USH 14/61 near 7th Street in La Crosse, La Crosse County.
84.013(3)(ag)
(ag) STH 57 extending approximately 17.3 miles from the junction of STH 57 with CTH "A" to STH 42 in Kewaunee and Door counties.
84.013(3)(ai)
(ai) USH 141 extending approximately 15.4 miles between Lemere Road and 6th Road in Oconto and Marinette counties.
84.013(3)(ak)
(ak) USH 151 extending approximately 18 miles between the junction of USH 151 and CTH "HH" south of Dickeyville to west of Belmont in Grant and Lafayette counties.
84.013(3)(b)
(b) USH 18/151 between Ridgeway and Mt. Horeb in Dane and Iowa counties.
84.013(3)(c)
(c) STH 16 between I 94 and STH 190 in Waukesha County.
84.013(3)(d)
(d) USH 51 between CTH "S" and USH 8, designated as the Tomahawk bypass, in Lincoln County.
84.013(3)(dm)
(dm) USH 51 between CTH "S" and USH 8, designated as the Tomahawk bypass 2nd roadway, in Lincoln County.
84.013(3)(e)
(e) USH 45 between USH 41 and CTH "D", designated as the West Bend bypass, in Washington County.
84.013(3)(em)
(em) USH 45 between USH 41 and CTH "D", designated as the West Bend bypass 2nd roadway, in Washington County.
84.013(3)(f)
(f) USH 53 between Rice Lake and Trego in Barron and Washburn counties.
84.013(3)(g)
(g) STH 167 between I 43 and Buntrock Avenue in Ozaukee County.
84.013(3)(h)
(h) STH 50 between STH 83 and I 94 in Kenosha County.
84.013(3)(i)
(i) STH 172 between Webster Avenue and I 43 in Brown County.
84.013(3)(j)
(j) STH 23 between STH 32 and CTH "P" in Sheboygan County.
84.013(3)(k)
(k) STH 16 between Bluff Pass Road and CTH "OS" in La Crosse County.
84.013(3)(kb)
(kb) USH 151 extending approximately 18.2 miles between USH 151 west of Belmont and STH 23 south of Dodgeville, designated as the Belmont to Dodgeville project, in Lafayette and Iowa counties.
84.013(3)(kg)
(kg) STH 16 and STH 16/67 extending approximately 7.4 miles from the junction of STH 16 with the Rock River to the STH 16/67 interchange east of Oconomowoc, designated as the Oconomowoc bypass, in Jefferson and Waukesha counties.
84.013(3)(km)
(km) USH 53 extending approximately 7.5 miles between USH 53 south of the USH 53/STH 93 interchange in Eau Claire and the USH 53/STH 124 interchange south of Chippewa Falls, designated as the Eau Claire Freeway, in Eau Claire and Chippewa counties.
84.013(3)(L)
(L) USH 51 between the south Marquette County line and the north Waushara County line.
84.013(3)(m)
(m) STH 16 between Oconomowoc and 0.8 mile east of CTH "PP", and STH 67 between Lexington Drive and STH 16, in Waukesha County.
84.013(3)(n)
(n) USH 45 between Clintonville and Marion, designated as the Clintonville relief route, in Waupaca County.
84.013(3)(o)
(o) 43rd Street between West Loomis Road and West National Avenue in Milwaukee County.
84.013(3)(p)
(p) STH 29 between Wausau and Ringle in Marathon County.
84.013(3)(q)
(q) STH 29 between Wausau and CTH "S", designated as the Wausau to Marathon City project, in Marathon County.
84.013(3)(r)
(r) STH 23 between STH 32 and STH 57 in Sheboygan County.
84.013(3)(ra)
(ra) STH 23 between STH 67 and USH 41 in Sheboygan and Fond du Lac counties.
